The information on this blog about the corruption in America's courts will disgust and frighten you and propel you into a world of racketeering, greed, larceny, malicious prosecution, and outrageous disdain for due process, the Rule of Law, the United States Constitution, the Bill of Rights and Professional Responsibility Standards, Rules and Statutes. This is the Unified Court System of New York State. You will be a victim unless you speak up and protest. by Betsy Combier

Wednesday, October 19, 2011

NYS Chief Administrative Judge Ann T. Pfau Resigns

Pfau to Resign as Courts' Top Administrator

John Caher, New York Law Journal

10-20-2011

Chief Administrative Judge Ann T. Pfau, (pictured above) who has managed the state court system through 4½ exceptionally tumultuous years, yesterday informed colleagues that she will step down on Dec. 1 to take over a new medical malpractice program and try cases in her home borough of Brooklyn.

She announced her plans in a conference call with the state's administrative judges. A successor was not immediately named.

Judge Pfau's tenure on Beaver Street coincided with rancorous and often bitter controversy over judicial salaries, early retirements, layoffs and budget cuts.

Yet the first woman to hold the highly stressful and often thankless job said in an interview that she "wake[s] up every day thinking I am the luckiest person in the world to have this job."

"This is the career of a lifetime," Judge Pfau said. "But there comes a time when you need to do something else. I want to be a judge."

Chief Judge Jonathan Lippman said Judge Pfau (See Profile) approached him several months ago expressing a desire to move to a new assignment, but agreed to remain in the position through the resolution of the judicial pay dispute and the submission of the next budget, which is due Dec. 1, the day she departs.

"She has been a great leader and is someone who has, by any standard, gone through the wars and come out as a strong, effective and inspiring leader for the troops," Judge Lippman said. "This is someone who has really paid her dues and at this point she deserves whatever she wants to do. I am delighted to make that happen."

The chief judge said he will appoint a new chief administrative judge within a matter of days, but declined to identify his choice.

Judge Lippman said he is reassigning Judge Pfau to the position of coordinating judge of the New York State Medical Malpractice Program.

In that position, Judge Pfau will administer a federal grant and oversee a program that promotes early settlement of medical negligence cases through judge-directed negotiation. She will be working with Bronx Supreme Court Justice Douglas McKeon (See Profile), who initiated the pilot program.

Judge Pfau, who has maintained a regular commercial caseload during her years as an administrative judge, will preside over medical malpractice matters in Brooklyn in addition to her coordinating role.

As chief administrative judge, Judge Pfau earns $147,600 a year. Her new salary has not yet been determined, Judge Lippman said.

Under the state Constitution (Article VI, §28), the chief administrative judge supervises the daily operation and administration of a court system that handles 4.7 million cases a year, overseeing a $2.5 billion budget, 3,600 state and local judges and 15,000 judicial employees spread over 300 different locations.

The position is inherently stressful, demanding a deft blend of political and organizational skills.

Except for Judge Lippman, who held the position for nearly 12 years before Judge Pfau's appointment in mid-2007 by Chief Judge Judith S. Kaye, no one has celebrated a fifth anniversary in the job, and no one other than Judge Pfau had extended service under more than one chief judge.

Judge Pfau's time as chief administrator coincided with an unusually difficult era for the courts.

Judges were infuriated that the Legislature had denied them pay raises for a dozen years. About 1,500 employees took early retirement last fall, and half the positions were never filled because of an impending fiscal crisis. The court system voluntarily cut $100 million from its budget request in a gesture of cooperation with the political branches—and then watched powerlessly as Governor Andrew M. Cuomo and the Legislature cut another $70 million. Consequently, nearly 500 employees lost their job.

"This has been a very, very difficult year with the fiscal and operational challenges," Judge Pfau acknowledged. "I couldn't be luckier than to be surrounded by such wonderful administrative judges who make the system work. I love the job and I adore the people, but you get to the point where you say to yourself, 'Can I do this for another year with a totally full heart and every bit of my energy?'"

Calm and Focused

Despite the struggles and setbacks that were beyond her control, Judge Pfau presided over the largest expansion of electronic filing in state history, guided the court system's response to the mortgage foreclosure crisis, overhauled the guardianship and fiduciary appointment system and focused attention on Family Court.

"I will miss her sterling leadership, her management skills and her ability to have the kind of dialogue with our judges and the other branches of government that gets things done," Judge Lippman said.

Case in point: At the judicial budget hearing earlier this year, Judge Pfau appeared before an angry and combative legislative committee that was clearly spoiling for a fight and portraying the judiciary as spendthrift and indifferent to the state's fiscal woes.

But Judge Pfau calmly diffused their anger, responding firmly and confidently to the acerbic questions and caustic comments.

"She's a trouper and she's a pro, and she does it with grace and dignity," Judge Lippman said. "That's why I have always given her the toughest assignments."

For the judiciary, the greatest achievement of Judge Pfau's tenure was passage of legislation creating a Special Commission on Judicial Compensation. The commission ensures that judicial salaries are objectively reviewed and adjusted at regular intervals.

Although many judges were disappointed with the result—a 27 percent pay raise over three years—they are relieved to finally see a pay raise, and more relieved that the new process should largely remove judicial compensation from politics.

"We can't guarantee the outcome will always be what people want, but at least there is a procedure," Judge Pfau said. "I was committed to staying through that process and promised [Judge Lippman] that I would do that."

Judge Pfau, 63, is a career court administrator who entered the court system in 1985, shortly after graduating from Brooklyn Law School with two young children.

"Like a lot of women in those circumstances, I went into government," Judge Pfau said.

She began her career in the courts as an assistant deputy counsel in the Office of Court Administration, an assignment she describes as "just marvelous."

In 1997, she was appointed to the bench by Mayor Rudolph W. Giuliani and later served as deputy chief administrative judge for management support, administrative judge for the Second Judicial District and first deputy administrative judge. Judge Pfau also has served as an acting Supreme Court justice in the Commercial Division of Supreme Court in Brooklyn.

In every court position she has held for the past 22 years, Judge Pfau worked closely with Judge Lippman.

"That personal bond that I have had with her for so many years, the friendship, the admiration, and the great, great affection I have for her, is for me and the courts a lifetime relationship, and I am very grateful to her personally and on behalf of the institution," Judge Lippman said.

Judge Pfau's parting advice to her successor: "Recognize that not every problem is solvable. The problems can seem overwhelming, but it all works out. And enjoy the trip between New York City and Albany, because you will make it often."

Sunny Shue, died Saturday June 26, 2010. Video that Sunny did on April 9 2010, asking for protection from Judge Joseph Golia. Wednesday...

September 2, 2009 Hearing With Senator John Sampson on Judicial Accountability in New York State

We went to a Hearing with Senator John Sampson on September 24, 2009 on the New York Judicial Syatem. A few people were able to speak, and many others signed up to speak at a later date...that Sampson never scheduled.

First published in print: Monday, January 11, 2010
Here we thought that the first order of business this year for state Senate Democratic leader John Sampson would be to help regain that institution's credibility by passing radical ethics reforms.

The need for them would seem to be brutally obvious, in the wake of the conviction of former Senate Majority Leader Joseph Bruno on federal corruption charges and Governor Paterson's calls for requiring state officials members to disclose their outside income. First, though, Mr. Sampson has joined a large Manhattan law firm where one of the founding partners is on the board of the state Trial Lawyers Association.
That's right. Mr. Sampson now works not only for the people of New York, but also for the firm of Belluck & Fox, according to a New York Post report.

His salary in the former position is a matter of public record, of course -- $88,500. His salary in his new job, however, is something Mr. Sampson isn't about to disclose.

Just as New Yorkers need to learn more about legislators' outside interests, Mr. Sampson offers them less.

Imagine, then, what people might think if this is one more year when the Legislature fails to pass ethics laws. Or if it does, only a watered down version of what's need to clean up an institution where criminal indictments and convictions have become too commonplace?

What were Mr. Sampson's priorities, they might wonder -- transparency in government, or shielding from both his own finances and Belluch & Fox's clients?

The same questions might be asked as well of Assembly Speaker Sheldon Silver, who holds a position of counsel to another Manhattan law firm, Weitz & Luxenberg. Little is known by the public about that arrangement, too, thanks to the alarmingly inadequate financial disclosure requirements for legislators that Mr. Silver seems to think are entirely adequate. We know he works for that particular firm, one of the largest tort law firms in New York, but we don't know what the nature of his work is, or on whose behalf he does it.

That will become all the more relevant in the event someone else in the Legislature tries to push for rewriting the state's medical malpractice laws or otherwise changing tort laws this session. Two of the most powerful people in state government work for law firms closely associated with the leading opponent of such legislation, namely the Trial Lawyers Association.

In Mr. Silver's case, he rather famously said of his legal work a half-dozen years ago, "I don't think it's a conflict. How many times do you want to hear this?"

In Mr. Sampson's case, the word comes from his office that his outside work won't interfere with his official duties.

Not exactly endorsements of ethics reform, are they?

THE ISSUE:

The state Senate Democratic leader has another job, too, not that he wants to talk about it.

THE STAKES:

When ethics reform is a major issue, how serious is he about stronger financial disclosure requirements?

Electronic Libraries and FOIA Links

Accountability is the Key

Westchester Guardian TV

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Victims-of-Law

Who is a Victim-of-Law?Victims-of-Law are persons who have been subjected to tyrannical or arbitrary rulings or edicts in violation of constitutional and civil rights under the democratic maxim reminiscent of our Republic -- the "Rule of Law"

The victims of unethical and corrupt lawyers, judges and employees of the state and federal judiciary demand accountability from those who abuse the power of office while they remain absolutely immune. The media as well as the legislative and executive branches of government traditionally ignore these abuses. The judicial branch itself hurls insults at the victim claiming they are nothing more than a 'disgruntled litigant' while ignoring substantive allegations.

It is essential to empower the victims of legal abuses. Our strength is in our numbers thus the more people that demand their constitutional and civil rights the quicker they will be attained.

What most people do not comprehend is that judges are immune from civil lawsuits. If a judge unlawfully imprisoned someone or maliciously denied due process in a case that cost a litigant millions of dollars, it doesn't matter. There is no redress for the aggrieved person.

The emotional and physical health problems inherent in these abuses are now coming to light but the judicial branches throughout our country continue to avoid or deliberately ignore what they have helped to create.

This website hopes to publish documented proof of many of the deliberate violations of the 'rule of law, the doctrine upon which our Constitutional Republic is based.

This website hopes to publish documented proof of many of the deliberate violations of the 'rule of law, the doctrine upon which our Constitutional Republic is based.

What is the "Rule of Law"? Equality and the Law

The right to equality before the law, or equal protection of the law as it is often phrased, is fundamental to any just and democratic society. Whether rich or poor, ethnic majority or religious minority, political ally of the state or opponent--all are entitled to equal protection before the law.

The democratic state cannot guarantee that life will treat everyone equally, and it has no responsibility to do so. However, writes constitutional law expert John P. Frank, "Under no circumstances should the state impose additional inequalities; it should be required to deal evenly and equally with all of its people."

No one is above the law, which is, after all, the creation of the people, not something imposed upon them. The citizens of a democracy submit to the law because they recognize that, however indirectly, they are submitting to themselves as makers of the law. When laws are established by the people who then have to obey them, both law and democracy are served.

The Supreme CourtThe Framers considered the rule of law essential to the safekeeping of social order and civil liberties. The rule of law holds that if our relationships with each other and with the state are governed by a set of rules, rather than by a group of individuals, we are less likely to fall victim to authoritarian rule. The rule of law calls for both individuals and the government to submit to the law's supremacy. By precluding both the individual and the state from transcending the supreme law of the land, the Framers constructed another protective layer over individual rights and liberties. --Reprinted from U.S. Dept. of State

Judicial Immunity is AbsoluteIn an unprecedented degree of 'abuse of power' judges decreed themselves absolutely immune from civil suit when they are "acting maliciously and corruptly." In 1996 the 104th Congress passed the Federal Courts Improvement Act amending the Civil Rights statute to give further immunities to malicious and corrupt judges.

Sec. 309. Prohibition against awards of costs, including attorney's fees, and injunctive relief against a judicial officer.28 USC 2412 note.>> for Costs.--Notwithstanding any other provision of law, no judicial officer shall be held liable for any costs, including attorney's fees, in any action brought against such officer for an act or omission taken in such officer's judicial capacity, unless such action was clearly in excess of such officer's jurisdiction.(b) Proceedings in Vindication of Civil Rights.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting before the period at the end thereof "except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorney's fees, unless such action was clearly in excess of such officer's jurisdiction".

(c) Civil Action for Deprivation of Rights.--Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by inserting before the period at the end of the first sentence: ``, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable''.

Advocate for truth and An End To Judicial Immunity

About Betsy Combier

Reporter, paralegal, advocate,I will investigate, search on the internet and in all data bases for information that will help a person in need of resolution to a problem.I believe in substantive and procedural due process for all individuals, groups and organizations and trademarked the term "e-accountability" to describe the purpose of my work. I am the parent of four daughters.

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Who is John Libecci?

On Sunday, August 16, 2009, a friend of a friend called me at approximately 2:10PM, a Mr. John Libecci. Mr. Libecci is, I understand, a private investigator who knows a friend of mine socially. I asked whether he could help me find out some information involving my federal court case filed in United States District court on June 8, 2009 involving the Surrogate Court and my mother's Will. After I told him about the property being taken by the court, he told me that the court never takes property without a reason; after I told him that the Will was never probated since I filed the Will (of my mom) on March 17, 1998), Mr. Libecci told me that "obviously the Will was not done right", and said that he worked for the Courts and the Judges. He would not tell me what he did for the Court and the judges, then hung up. If anyone has information about Mr. John Libecci please email me at betsy@parentadvocates.org. You may send me any information anonymously.